the direct application of a prescription drug or device, whether by injection, inhalation, ingestion, or by any other means, to the body of a human patient or research subject by another person; or
(b)
the placement by a veterinarian with the owner or caretaker of an animal or group of animals of a prescription drug for the purpose of injection, inhalation, ingestion, or any other means directed to the body of the animal by the owner or caretaker in accordance with written or verbal directions of the veterinarian. See Utah Code 58-17b-102
Compounding: means the preparation, mixing, assembling, packaging, or labeling of a limited quantity drug, sterile product, or device:
(i)
as the result of a practitioner's prescription order or initiative based on the practitioner, patient, or pharmacist relationship in the course of professional practice;
(ii)
for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing; or
(iii)
in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. See Utah Code 58-17b-102
Drug: means :
(i)
a substance recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(ii)
a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;
(iii)
a substance other than food intended to affect the structure or any function of the body of humans or other animals; and
(iv)
substances intended for use as a component of any substance specified in Subsections (26)(a)(i), (ii), (iii), and (iv). See Utah Code 58-17b-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Manufacturer: means a person or business physically located in Utah licensed to be engaged in the manufacturing of drugs or devices. See Utah Code 58-17b-102
Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy. See Utah Code 58-17b-102
Pharmacist-in-charge: means a pharmacist currently licensed in good standing who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs, and who is personally in full and actual charge of the pharmacy and all personnel. See Utah Code 58-17b-102
Pharmacy: means any place where:
(a)
drugs are dispensed;
(b)
pharmaceutical care is provided;
(c)
drugs are processed or handled for eventual use by a patient; or
(d)
drugs are used for the purpose of analysis or research. See Utah Code 58-17b-102
Pharmacy intern: means an individual licensed by this state to engage in practice as a pharmacy intern. See Utah Code 58-17b-102
Practice of pharmacy: includes the following:
(a)
providing pharmaceutical care;
(b)
collaborative pharmacy practice in accordance with a collaborative pharmacy practice agreement;
(c)
compounding, packaging, labeling, dispensing, administering, and the coincident distribution of prescription drugs or devices, provided that the administration of a prescription drug or device is:
(i)
pursuant to a lawful order of a practitioner when one is required by law; and
(ii)
in accordance with written guidelines or protocols:
(A)
established by the licensed facility in which the prescription drug or device is to be administered on an inpatient basis; or
(B)
approved by the division, in collaboration with the board and, when appropriate, the Physicians Licensing Board, created in Section 58-67-201, if the prescription drug or device is to be administered on an outpatient basis solely by a licensed pharmacist;
(d)
participating in drug utilization review;
(e)
ensuring proper and safe storage of drugs and devices;
(f)
maintaining records of drugs and devices in accordance with state and federal law and the standards and ethics of the profession;
(g)
providing information on drugs or devices, which may include advice relating to therapeutic values, potential hazards, and uses;
(h)
providing drug product equivalents;
(i)
supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy technicians;
(j)
providing patient counseling, including adverse and therapeutic effects of drugs;
(k)
providing emergency refills as defined by rule;
(l)
telepharmacy;
(m)
formulary management intervention;
(n)
prescribing and dispensing a self-administered hormonal contraceptive in accordance with 5; and
Practitioner: means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. See Utah Code 58-17b-102
Prescription: means an order issued:
(a)
by a licensed practitioner in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and
(b)
for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-17b-102
Prescription drug: means a drug that is required by federal or state law or rule to be dispensed only by prescription or is restricted to administration only by practitioners. See Utah Code 58-17b-102
Self-administered hormonal contraceptive: includes an oral hormonal contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch. See Utah Code 58-17b-102
Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-17b-502 and may be further defined by rule. See Utah Code 58-17b-102
(a)
willfully deceiving or attempting to deceive the division, the board, or their agents as to any relevant matter regarding compliance under this chapter;
(b)
except as provided in Subsection (2):
(i)
paying or offering rebates to practitioners or any other health care providers, or receiving or soliciting rebates from practitioners or any other health care provider; or
(ii)
paying, offering, receiving, or soliciting compensation in the form of a commission, bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care provider, for the purpose of obtaining referrals;
(c)
misbranding or adulteration of any drug or device or the sale, distribution, or dispensing of any outdated, misbranded, or adulterated drug or device;
(d)
engaging in the sale or purchase of drugs or devices that are samples or packages bearing the inscription “sample” or “not for resale” or similar words or phrases;
(e)
except as provided in Section 58-17b-503, accepting back and redistributing any unused drug, or a part of it, after it has left the premises of a pharmacy;
(f)
an act in violation of this chapter committed by a person for any form of compensation if the act is incidental to the person’s professional activities, including the activities of a pharmacist, pharmacy intern, or pharmacy technician;
(g)
violating:
(i)
the federal Controlled Substances Act, Title II, P.L. 91-513;
requiring or permitting pharmacy interns or technicians to engage in activities outside the scope of practice for their respective license classifications, as defined in this chapter and division rules made in collaboration with the board, or beyond their scope of training and ability;
(i)
administering:
(i)
without appropriate training, as defined by rule;
(ii)
without a physician’s order, when one is required by law; and
(iii)
in conflict with a practitioner‘s written guidelines or written protocol for administering;
(j)
disclosing confidential patient information in violation of the provisions of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended, or other applicable law;
(k)
engaging in the practice of pharmacy without a licensed pharmacist designated as the pharmacist-in-charge;
(l)
failing to report to the division any adverse action taken by another licensing jurisdiction, government agency, law enforcement agency, or court for conduct that in substance would be considered unprofessional conduct under this section;
(m)
as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage form which is regularly and commonly available from a manufacturer in quantities and strengths prescribed by a practitioner;
(n)
failing to act in accordance with 5, when dispensing a self-administered hormonal contraceptive under a standing order;
(o)
violating the requirements of 2; or
(p)
falsely making an entry in, or altering, a medical record with the intent to conceal:
(i)
a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or
(ii)
conduct described in Subsections (1)(a) through (o) or Subsection 58-1-501(1).
(2)
Subsection (1)(b) does not apply to:
(a)
giving or receiving a price discount based on purchase volume;
(b)
passing along a pharmaceutical manufacturer’s rebate; or
(c)
providing compensation for services to a veterinarian.
(3)
“Unprofessional conduct” does not include:
(a)
in accordance with 2 when registered as a pharmacy medical provider, as that term is defined in Section 26B-4-201, providing pharmacy medical provider services in a medical cannabis pharmacy; or
(b)
if a pharmacist reasonably believes that a prescription drug will have adverse or harmful effects on an individual and warns the individual of the potential effects, filling a prescription prescribed by a health care provider who:
(i)
is operating within the health care provider’s scope of practice; and
(ii)
is deviating from a medical norm or established practice in accordance with Subsection 58-1-501(2)(b)(i).
(4)
Notwithstanding Subsection (3), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).
Amended by Chapter 317, 2023 General Session Amended by Chapter 321, 2023 General Session Amended by Chapter 328, 2023 General Session
